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Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

.... as amicus curiae. Let a copy of this judgment and order be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ...... under section 42(1) of the said Ain since it has not been done in accordance with the provision of law. We find no infirmity or illegality there which can be interfered with by this Court under writ jurisdiction. 20. To summarise, we are also to say that since a cheque cannot be equated with..

Category: Civil Law | Date: | Hits: 90

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30....... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...

Category: Criminal Law | Date: | Hits: 44

Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)

....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......-o-Shishu Nirjatan Daman Tribunal, Barguna before taking cognisance transmitted the case to Druto Bichar Tribunal Barisal who took cognisance of the offence under Ain, 2000 and tried the case without jurisdiction. Mr. Huq lastly submits that the case should he sent hack for fresh trial after taking ..

Category: Criminal Law | Date: | Hits: 33

Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)

....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..

Category: Criminal Law | Date: | Hits: 45

Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)

.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..

Category: Criminal Law | Date: | Hits: 40

Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)

....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ..

Category: Criminal Law | Date: | Hits: 31

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..

Category: Criminal Law | Date: | Hits: 41

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

.... decision in In re Bell Brothers Ltd. (1891 1 ILR 689) as an illustration of the power of the directors to refuse registration of transfer. The relevant article in the case of Bell Brothers conferred discretionary power on the directors to refuse registration of transfer of shares on the ground that......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..

Category: Company Law | Date: | Hits: 181

Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)

....nciden­tally arise are whether this court can interfere with the order of Election Tribunal in exercise of its Revi­sional Jurisdiction and whether it is proper for this court to interfere with the discretionary order of the Election Tribunal. 2. The following circumstances gave rise to this ru......nd disposed of by the Election Tribunal, Golapgonj, Sylhet by his judgment and order dated 22.9.88 re­jecting the prayer for temporary injunction on the sole ground that the Election Tribunal had no jurisdiction to grant the injunction prayed for. 3. Being aggrieved by this order rejecting the p..

Category: Election Law | Date: | Hits: 100

Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....he subordinate courts in the exercise of their jurisdiction and not those which are made in their discretion, unless the discretion is exercised fancifully or arbitrarily. The power to add a party is discretionary and unless that power was exercised arbitrarily or fancifully it cannot be interfered ......e of Amal Kumar Moitra Vs. Mashiur Rahman, the Supreme Court of Bangladesh had occasion to examine a similar matter reported in 30 DLR (SC) 244. It was held therein by their Lordships that Revisional jurisdiction under section 115 of the Code of Civil Procedure is meant primari­ly for correcting er..

Category: Property Law | Date: | Hits: 39

Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)

....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ...... liabil­ity arising out of business transaction is of civil nature and as such there can be no criminal liability under this section. His last submission was that both the Courts below acted without jurisdiction in directing payment of the entire money due to the complainant. 6. Mr. Abdul Momen ..

Category: Criminal Law | Date: | Hits: 37

State Vs. Khalilur Raman, 1998, 17 CLC (HCD)

...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......the case as an ordinary criminal case under the Criminal Procedure Code and as such the order of conviction and sentence passed by the learned Sessions Judge against the appellant is void and without jurisdiction. 8. In view of the case made out in the F.I.R. and the evidence of the P.Ws. that th..

Category: Criminal Law | Date: | Hits: 35

Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)

....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36....... 46 of Order 21 C.P.C. by the Calcutta High Court and that consequently the said rules 46A-46H of Order 21 were treated to be the existing law of the then East Bengal (later East Pakistan) within the jurisdiction of the then High Court of Dacca under the relevant laws made on the eve of independence..

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)

....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31...

Category: Criminal Law | Date: | Hits: 74

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......erest in the disputed land ever accrued to the plaintiff simply because he had paid a portion of the salami or for this name was entered into the Rent-Roil; that the Board of Revenue acted within its jurisdiction in not accepting the proposal for the settlement of the disputed land with the appellan..

Category: Property Law | Date: | Hits: 36

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

.... Before the decree is passed in a suit fixed for hearing in default of written statement, the defendants may come to the Court and file a written statement and it remains in the domain of the Court's discretionary jurisdiction as to whether the written statement should be accepted or not. The defend...... on 3.5.83 the Court fixed 20.6.83 for written statement "in default for ex parte disposal" it was in fact setting the suit for hearing in default of the written statement. On 3.5.83 the Court had no jurisdiction to set the suit for ex parte hearing and the hearing that followed, if there was any, w..

Category: Civil Law | Date: | Hits: 83

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..

Category: Banking Law | Date: | Hits: 122

Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)

....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..

Category: Banking Law | Date: | Hits: 136

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......for consideration. Their Lordships considered Article 105(2) of the Constitution of India, the Bill of Rights of 1689 the Constitution of the United States of America and the reported cases of Indian jurisdiction namely, the cases reported in AIR 1965 (SC) 745 and Tei Kiran and others vs. M Sanjiva ..

Category: Criminal Law | Date: | Hits: 54